[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 110th Congress]
[110th Congress]
[House Document 109-157]
[Jeffersons Manual of ParliamentaryPractice]
[Pages 264-269]
[From the U.S. Government Publishing Office, www.gpo.gov]


[[Page 264]]
 

                     sec. xli--division of the house




Sec. 501. Division of the House after 
determination by sound.

  The affirmative and  negative of the question having been both put 
and answered, the Speaker declares whether the yeas or nays have it by 
the sound, if he be himself satisfied, and it stands as the judgment of 
the House. But if he be not himself satisfied which voice is the 
greater, or if before any other Member comes into the House, or before 
any new motion made (for it is too late after that), any Member shall 
arise and declare himself dissatisfied with the Speaker's decision, then 
the Speaker is to divide the House. Scob., 24; 2 Hats., 140.



  This practice is provided for in different language by clause 6 of 
rule I.


[[Page 265]]



Sec. 502. Parliamentary provisions as to division, 
not applicable in the House.

  When the  House of Commons is divided, the one 
party goes forth, and the other remains in the House. This has made it 
important which go forth and which remain; because the latter gain all 
the indolent, the indifferent, and inattentive. Their general rule, 
therefore, is that those who give their vote for the preservation of the 
orders of the House shall stay in, and those who are for introducing any 
new matter or alteration, or proceeding contrary to the established 
course, are to go out. But this rule is subject to many exceptions and 
modifications. 2 Hats., 134; 1 Rush., p. 3, fol. 92; Scob., 43, 52; Co., 
12, 116; D'Ewes, 505, col. 1; Mem. in Hakew., 25, 29.



  The one party being gone forth, the Speaker names two tellers from the 
affirmative and two from the negative side, who first count those 
sitting in the House and report the number to the Speaker. Then they 
place themselves within the door, two on each side, and count those who 
went forth as they come in and report the number to the Speaker. Mem. in 
Hakew., 26.


<>   
A mistake in the report of the tellers may be rectified after the report 
made. 2 Hats., 145, note.
* * * * *
  In modern practice in the House of Commons, once the Chair determines 
a sufficient request for a ``division,'' all Members leave the Chamber 
and are recorded in the yes and no division lobbies. In the House of 
Representatives, the provision in former clause 5 of rule I that 
provided for teller votes was repealed by the 103d Congress. Under the 
former procedure tellers took their place at the rear of the center 
aisle when named by the Chair, and Members passed between them to be 
counted but not recorded by name. Clause 1(b) of rule XX provides for 
taking a recorded vote by means of the electronic voting system when 
supported by one-fifth of a quorum.


[[Page 266]]

declares the result. In the Senate if there be an equal division the 
Secretary calls on the Vice-President and notes his affirmative or 
negative, which becomes the decision of the House.



Sec. 504. Voting by yeas and nays.

  When it  is proposed to 
take the vote by yeas and nays, the President or Speaker states that 
``the question is whether, e.g., the bill shall pass--that it is 
proposed that the yeas and nays shall be entered on the journal. Those, 
therefore, who desire it will rise.'' If he finds and declares that one-
fifth have risen, he then states that ``those who are of opinion that 
the bill shall pass are to answer in the affirmative; those of the 
contrary opinion in the negative.'' The Clerk then calls over the names 
alphabetically, notes the yea or nay of each, and gives the list to the 
President or Speaker, who



  In the House tellers were sometimes, though rarely, ordered to 
determine whether one-fifth joined in the demand for the yeas and nays 
(V, 6045) but in the later practice the Speaker's count is not subject 
to verification (VIII, 3114-3118), and it is not in order to demand a 
rising vote of those opposed on a count by the Speaker to ascertain if 
one-fifth concur in demand for yeas and nays (VIII, 3112, 3113). Clause 
1 of rule XX of the House provides the method for taking the yeas and 
nays in the modern practice; but under clause 2 of that rule both the 
yeas and nays and calls of the House are taken by means of the 
electronic voting system unless the Speaker in his discretion orders the 
utilization of other prescribed procedures.



Sec. 505. Parliamentary law as to giving of 
votes.

  In the  House of Commons every member must give his vote the one way or 
the other, Scob., 24, as it is not permitted to anyone to withdraw who 
is in the House when the question is put, nor is anyone to be told in 
the division who was not in when the question was put. 2 Hats., 140.



[[Page 267]]

over gain. If, then, the member entering may, by speaking a few words, 
occasion a repetition of a question, it would be useless to deny it on 
his simple call for it.

  This last position is always true when the vote is by yeas and nays; 
where the negative as well as affirmative of the question is stated by 
the President at the same time, and the vote of both sides begins and 
proceeds pari passu. It is true also when the question is put in the 
usual way, if the negative also has been put; but if it has not, the 
member entering, or any other member may speak, and even propose 
amendments, by which the debate may be opened again, and the question be 
greatly deferred. And as some who have answered aye may have been 
changed by the new arguments, the affirmative must be put


  Clause 1 of rule III requires Members to vote; but no rule excludes 
from voting those not present at the putting of the question, and this 
requirement of the parliamentary law is not observed in the House. No 
attempt is made to prevent Members from withdrawing after a question is 
put, unless there be a question as to a quorum, when the House proceeds 
under clauses 5 and 6 of rule XX.




Sec. 506. Movements of Members during 
voting.

  While the  House is telling, no member may speak or move out of his 
place, for if any mistake be suspected it must be told again. Mem. in 
Hakew., 26; 2 Hats., 143.



  This rule applies in the House on a vote by division, where the 
Speaker counts; but did not apply to the former vote by tellers, where 
Members passed between tellers at the rear of the center aisle to be 
counted.




Sec. 507. Decisions of points of order during a 
division.

  If any  difficulty arises in point of order during the division, the 
Speaker is to decide peremptorily, subject to the future censure of the 
House if irregular. He sometimes permits old experienced members to 
assist him with their advice, which they do sitting in their seats, 
covered, to avoid the appearance of debate; but this can only be with 
the Speaker's leave, else the division might last several hours. 2 
Hats., 143.



  Representatives no longer sit with their hats on (clause 5 of rule 
XVII) and always rise to speak; respectfully addressing their remarks to 
``Mr. Speaker'' (clause 1 of rule XVII).


[[Page 268]]

But if the House be equally divided, semper presuamtur pro negante; that 
is, the former law is not to be changed but by a majority. Towns., col. 
134.



Sec. 508. Decision by voice of majority; and tie 
votes.

  The voice  of the majority decides; for the lex majoris partis is the law 
of all councils, elections, &c., where not otherwise expressly provided. 
Hakew., 93.


  The House provides also by rule (clause 1 of rule XX) that in the case 
of a tie vote the question shall be lost.-



Sec. 509. Twothirds votes.

  The House of  Representatives, 
however, requires a two-thirds vote on a motion to suspend the rules 
(clause 1 of rule XV), on a motion to dispense with Calendar Wednesday 
(clause 6 of rule XV), on a motion to dispense with the call of the 
Private Calendar on the first Tuesday of each month (clause 5 of rule 
XV), and to consider a special rule immediately (clause 6 of rule XIII), 
and the Constitution of the United States requires two-thirds votes for 
the expulsion of a Member, passing vetoed bills, removing political 
disabilities, and passing joint resolutions proposing amendments to the 
Constitution.-





Sec. 509a. Threefifths votes.

  The standing  rules also 
require a three-fifths vote for passage or adoption of a bill, a joint 
resolution, an amendment thereto, or a conference report thereon, if 
carrying a Federal income tax rate increase (clause 5(b) of rule XXI).





Sec. 510. Business suspended by the failure of a 
quorum.

  When from  counting the House on a division it appears that there is not 
a quorum, the matter continues exactly in the state in which it was 
before the division, and must be resumed at that point on any future 
day. 2 Hats., 126.



  While under the rules first adopted in the 95th Congress it is not in 
order to make or entertain a point of no quorum unless the question has 
been put on the pending motion or proposition, if a quorum in fact does 
not respond on a call of the House or on a vote, even the most highly 
privileged business must terminate (IV, 2934; VI, 662) and even debate 
must stop until a quorum is established (see IV, 2935-2949). No motion 
is entertained in the absence of a quorum other than a motion relating 
to the call of the House or to adjourn (IV, 2950; VI, 680). Even in the 
closing hours of a Congress business has been stopped by the failure of 
a quorum (V, 6309; Oct. 18, 1972, p. 37199).


[[Page 269]]

was remembered by the Speaker, of Mr. Morris, attorney of the wards, in 
39 Eliz., who in like case changed his opinion. Mem. in Hakew., 27.



Sec. 511. Change of a vote.

  1606, May 1,  on a question 
whether a Member having said yea may afterwards sit and change his 
opinion, a precedent





  The House is governed in this respect by the practice under clause 2 
of rule XX.